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(영문) 광주지방법원 목포지원 2020.07.24 2019고단1328

직업안정법위반등

Text

Defendant

A shall be punished by imprisonment with prison labor for six months, by imprisonment for four months, and by a fine of five million won for a limited liability company.

Reasons

Punishment of the crime

Defendant

A is an internal director of a limited-liability company C located in the Do and the 3th floor of Jeonnam-si, and the defendant B is the representative director of the limited-liability company.

1. Joint criminal conduct by Defendant A and Defendant B

A. The Defendants in violation of the Immigration Control Act came to contact with the owners of ships to board the ships, such as Malaysias who do not have the status of stay to engage in job-seeking activities, etc., and Defendant B, after performing the duties of moving the aforementioned illegal aliens, etc. to the port where the ship enters the port where the ship enters the port, and conspired to have them divided into money after receiving money as intermediary fees from the owners of ships.

If a foreigner intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall arrange or solicit the employment of a person who has no status of sojourn eligible for employment activities.

Nevertheless, on September 14, 2018, the Defendants arranged the illegal aliens E of the nationality of Malaysia who do not have the status of sojourn eligible for employment activities from around September 14, 2018 to the crew of the F ship, and arranged employment of those who do not have the status of sojourn of 43 persons, such as the amount of KRW 300,000 per annum 1 to 43,000 per annum under the name of brokerage commission, etc.

(b) A person who intends to conduct domestic fee-charging job placement services in violation of the Employment Security Act shall register with the Governor of the Special Self-Governing Province or the head of Si/Gun

Nevertheless, the Defendants established the “limited liability company C”, which is the fee-charging job placement service, on the d 3th floor of unregistered Mapopo-si, and conspired to receive and divide the money with the name of brokerage commission.

Defendants, from September 14, 2018, arrange for the F to board the E of Malaysia to the crew of the F vessel from September 14, 2018, are the names of brokerage fees.